No. 21-6210

Tony Bowen v. United States

Lower Court: Sixth Circuit
Docketed: 2021-11-08
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appeal-waiver armed-career-criminal-act conviction-counting felon-in-possession sentencing sentencing-enhancement state-law statutory-maximum
Latest Conference: 2021-12-10
Question Presented (from Petition)

1. If a defendant convicted of felon-in-possession charges has
three qualifying convictions, the Armed Career Criminal Act
("ACCA") enhances the maximum penalty from 10 years in prison
to life. When Bowen pled guilty to being a felon in possession of a
firearm he waived his right to appeal, except for his right to
appeal a sentence that exceeded the statutory maximum penalty.
He did not agree that the ACCA applied to him. For purposes of
his appeal waiver, was his maximum penalty 10 years, or life?

2. Should multiple convictions all sentenced on the same date
count as separate convictions under the ACCA when state law
would not count them separately to enhance a sentence?

Question Presented (AI Summary)

Whether the maximum penalty is 10 years or life when a defendant pleads guilty to felon-in-possession and waives appeal rights except for exceeding statutory maximum

Docket Entries

2021-12-13
Petition DENIED.
2021-11-24
DISTRIBUTED for Conference of 12/10/2021.
2021-11-16
Waiver of right of respondent United States to respond filed.
2021-11-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 8, 2021)

Attorneys

Tony Bowen
Kenneth TablemanKenneth P. Tableman, P.C., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent